Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of an entertainment food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".
STATE OF NEW YORK
________________________________________________________________________
1350--A
2015-2016 Regular Sessions
IN SENATE
January 12, 2015
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to the establishment
of a letter grading system to classify inspection results for enter-
tainment venue food service establishments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1352-f to read as follows:
3 § 1352-f. Entertainment venue food service grading system. 1. The
4 commissioner shall establish a system for grading inspection results for
5 food service establishments, temporary food service establishments,
6 mobile food service establishments and pushcarts as defined in the state
7 sanitary code, that are located within or otherwise owned, operated or
8 controlled by a place of entertainment, including any privately or
9 publicly owned and operated facility such as a theatre, stadium, arena,
10 racetrack, museum, amusement park or other place where performances,
11 concerts, exhibits, athletic games or contests are held for which a
12 donation is recommended or required, or an entry fee is charged.
13 2. The commissioner shall establish a system for grading inspection
14 results for place of entertainment food service establishments. Such
15 system shall use and post letters A, B or C to identify and represent
16 such grading and classification with all other lower grades being deemed
17 to be failing grades. In establishing such system of grading, the
18 commissioner shall take into account the provisions of this title and
19 the provisions of the sanitary code to establish a grading system that
20 reflects the safety and sanitation of the premises and food handling
21 practices to ensure compliance with state and local health laws.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00155-02-6
S. 1350--A 2
1 3. Such place of entertainment food service establishment shall
2 conspicuously post near the entrance to such establishment, or at the
3 point of sale, the letter grade identifying and representing the result
4 of such establishment's most recently graded inspection by the local
5 health officer or the entity responsible for such inspection. Such post-
6 ing shall be done in accordance with rules and regulations promulgated
7 by the commissioner. For any place of entertainment food service estab-
8 lishment receiving a grade lower than "A", the local health officer or
9 the entity performing the inspection shall advise the establishment of
10 its grade and the findings upon which such grade is based. The local
11 health officer or the entity which performed the initial inspection
12 shall conduct a subsequent inspection of such place of entertainment
13 food service establishment no sooner than seven days, nor later than
14 twenty-one days after the inspection at which the grade was given. In
15 the interim, the previous letter grade shall remain posted. Upon the
16 conclusion of the subsequent inspection, the local health officer or the
17 entity performing the inspection shall deliver for posting a letter
18 grade to the place of entertainment food service establishment which
19 indicates the grade for such inspection. In addition to a letter grade,
20 such establishment shall receive the findings upon which such grade is
21 based. The place of entertainment food service establishment may appeal
22 such subsequent assignment of a letter grade designation to the commis-
23 sioner for review within thirty days of such assignment. While any such
24 appeal is pending, a place of entertainment food service establishment
25 shall post the letter grade that is being appealed.
26 4. The suggested interval between regularly scheduled inspections of
27 place of entertainment food service establishments may be as follows:
28 (a) for establishments with a grade of "A", at least once every year;
29 (b) for establishments with a grade of "B", at least once every nine
30 months; and
31 (c) for establishments with a grade of "C", at least once every three
32 months.
33 A place of entertainment food service establishment that requests a
34 reinspection from the local health officer or the entity responsible for
35 such inspections, shall pay the department a fee of up to two hundred
36 fifty dollars. Provided, however, that the provisions of this subdivi-
37 sion shall not negate the ability of any local health officer or the
38 entity responsible for such inspections to inspect any place of enter-
39 tainment food service establishment on the basis of a complaint from a
40 member of the public.
41 5. The provisions of this section shall not apply to place of enter-
42 tainment food service establishments which:
43 (a) are premises licensed for on-premises consumption of alcoholic
44 beverages pursuant to the alcoholic beverage control law when less than
45 ten percent of the gross sales of such establishment is derived from the
46 retail sale of food for on-premises consumption; or
47 (b) do not engage in the retail sale of food for on-premises or off-
48 premises consumption from such establishment.
49 6. No provision of this section shall be deemed to diminish or other-
50 wise change any power or duty of any state agency or authority.
51 § 2. This act shall take effect one year after it shall have become a
52 law. Provided, however, that effective immediately, any rules and regu-
53 lations necessary to implement the provisions of this act on its effec-
54 tive date are authorized and directed to be completed on or before such
55 date.
